


Let Justice Roll Down

by Ytteb



Category: NCIS
Genre: Drama, Gen
Language: English
Status: Completed
Published: 2016-03-22
Updated: 2016-03-22
Packaged: 2018-05-28 09:59:28
Rating: General Audiences
Warnings: No Archive Warnings Apply
Chapters: 7
Words: 18,964
Publisher: archiveofourown.org
Story URL: https://archiveofourown.org/works/6324664
Author URL: https://archiveofourown.org/users/Ytteb/pseuds/Ytteb
Summary: <blockquote class="userstuff">
              <p>Tony is shot during a showdown with a criminal. Things begin to unravel between him and Gibbs. Tony centric but whole team involved.</p>
            </blockquote>





	1. Chapter 1

Gibbs brought the sedan to a screeching halt at the entrance to the alleyway.

"DiNozzo! Go to the left. McGee, with me. We'll go in this way."

"On it, Boss. Yes, Boss," came the replies.

The three NCIS agents drew their weapons and steadied themselves, hoping that they were finally going to capture Otis Clancy after a two month search. Clancy had been caught on CCTV killing two US Marines in a convenience store shooting and had eluded NCIS for weeks. Maryland State Police had reported a hit on the BOLO and the MCRT had raced to where he had been seen in the small town of Felixton.

DiNozzo took the left hand turn while Gibbs and McGee went cautiously up the main track. Tony had gone a couple hundred metres when he saw Clancy emerge from behind a dumpster.

"Boss," he whispered into his earwig, "found him. He's heading down the alley."

"We're coming to you," came the immediate response, "don't lose him."

It was then that Tony saw a young man coming down the alley and realised that the arrest might not be so simple after all. He stepped forward,

"Federal Agent," he shouted, "Otis Clancy, we have a warrant for your arrest. Put down your weapon."

Clancy looked startled and his eyes darted between Tony and the young man. Tony cursed when he saw the gun in the suspect's hand.

"Go back, kid," he ordered, "go on!"

His order was not obeyed. Instead the young man drew a gun out of his belt,

"I can help," he said.

"Put the gun away," said Tony calmly, "leave this to me."

The next thing he heard was a series of gunshots and he saw Clancy falling to the ground. Simultaneously Tony felt a searing pain in his arm and he fell down in shock and pain as he realised he had been shot. Before he had time to register what had happened, Gibbs and McGee arrived. Gibbs levelled his gun at the kid,

"Put your gun down," he ordered.

"I was just trying to help," came the quavering response.

"Just put the gun down carefully, Son," said Gibbs levelly, "then we'll talk about it."

The young man placed the gun gently on the ground and Gibbs went to retrieve it. McGee ran over to where Clancy lay,

"He's dead, Boss," said Tim, "bullet through the head."

He then ran over to where Tony was sitting, clasping his hand to his arm,

"You OK, Tony?" he asked.

"Just peachy, McGee," grunted Tony through his pain.

"You got him," said McGee.

"Not me. I didn't fire," said Tony, he looked at his arm. "Damn. This jacket was new."

"You're alive, DiNozzo, could've been worse," called Gibbs from where he was standing next to the young man. "McGee. Call Ducky. And call the State Police as well. Let them know what's going on."

"Yes, Boss," said McGee.

"Now, kid, what's your name?" asked Gibbs.

"Jonathan. Jonathan Delaney. People call me Jonty."

"OK,  _Jonty._  How old are you?"

"Uh, 18."

"18?" said Gibbs, "this isn't your gun then?"

"N-n-no, Sir. It's my dad's."

"He know you've got it, Jonty?"

"No," admitted Jonty.

"Looks like you killed someone here, Jonty," said Gibbs.

"I was just trying to help," said Jonty, "he had a gun."

"Yeah, I know," sighed Gibbs, "you like guns, Jonty?"

"I guess," said Jonty, "I don't know. First time I've fired one. My dad only got it last month."

"OK, stay here," ordered Gibbs. He walked over to the body and looked at Clancy's gun before going to check on Tony.

"Kid looks a bit young to have a weapon," observed Tony.

"He is," agreed Gibbs, "He's 18. It's his dad's. What happened, DiNozzo?"

"I saw Clancy. Called you. Then Jonty showed up so I had to step up; told the kid to get back."

"And?"

"And he didn't. Got the gun out of his pants. Spooked Clancy. Next thing I knew, Clancy was on the ground and I had a hole in my arm."

"You didn't fire?" asked Gibbs.

"Didn't get a chance," said Tony. "I guess the kid shot our suspect?"

"Yep, and I think he shot you too. Clancy's gun hasn't been fired."

"Damn," said Tony, "wouldn't like to be in Jonty's shoes." He struggled to his feet and walked over to look down at Clancy's body and sighed. Clancy had been a murderer and a thief but there was something pathetic about his crumpled body and headshots always triggered flashbacks to another person killed by a bullet in the forehead. His thoughts were interrupted by two police cars arriving with Ducky's van in their wake.

"Ah," said Ducky as he walked towards Gibbs. "Good thing you had us tag along, Jethro. I see you 'got your man'."

"Not us, Duck," said Gibbs, "it was the boy. DiNozzo took a round in the arm, take a look, will you."

"Certainly, Jethro," said Ducky. "Now, Anthony, what have we here?"

"A ruined jacket," said Tony bitterly.

"And a nasty looking wound," observed Ducky, "and please refrain from saying  _it's just a flesh wound."_

"Oh," said Tony plaintively, "it's the only good thing about getting shot!"

As Ducky prodded at his arm, Tony found himself looking at McGee taking photos of Clancy's body and Jimmy getting the gurney ready. He couldn't help but contrast their business-like approach with the reverent compassion with which Kate's body had been treated.

"You all right, DiNozzo?" asked Gibbs noting his distraction.

"I'm fine," said Tony, "just thinking."

"Careful," said Gibbs, "one injury's enough for today."

Tony decided he didn't have enough energy to waste on an appropriate response.

"You need to go to the hospital," announced Ducky, "this needs to be properly cleaned and stitches put in."

"McGee," called Gibbs, "go with Tony to the hospital. Take a statement. Tell the doc what painkillers do to him. I'll ride back with Ducky and Palmer."

McGee looked momentarily stricken at the thought of escorting Tony to hospital. His wide-eyed gaze cheered Tony up.

"Come on, McNursemaid. I won't make you hold my hand."

"Just you wait till they get their needles out, DiNozzo," groused Tim, "then you'll be begging me to hold your hand."

Tony swayed slightly as a wave of dizziness hit him but he covered this weakness with a joke, "McRomeo! Or is it McJuliet? I never knew you felt that way. How long have …"

"Come on, Tony," said McGee grumpily, "before I shoot you myself!"

Gibbs suppressed a smile as he watched the two bicker their way to the car. Then he sighed before turning his attention to Jonty and the Maryland State Police troopers who were approaching.

NCISNCIS

"I hear congratulations are in order," said Agent Fornell as he stood in front of Gibbs' desk the next day.

Gibbs raised an eyebrow.

"Caught Otis Clancy," elaborated Fornell.

"Why are you interested, Tobias?" asked Gibbs.

"You wound me, Jethro," said Fornell clasping a hand to his chest. Seeing that Gibbs was unimpressed, he continued, "We think Otis might be responsible for some other robberies. When we found out that NCIS were looking for him for your case, we checked the MO of some other crimes. Took a closer look at some security footage and it looks as if it was Clancy. Wouldn't be good enough to make an ID from normally, but we think it's him."

"So, it wasn't just a one off?" said McGee.

"No," said Fornell, "if we're right, you brought down a nasty piece of work yesterday. Thank you."

"Always a pleasure to assist the FBI," said Gibbs gravely.

"I brought pastries," said Fornell.

"You did?" asked Gibbs in surprise.

"Sure," said Fornell as if this was usual practice, "there were some left over from a leaving party."

Gibbs grinned; this was more likely.

"Where's DiNotso?" asked Fornell, "I thought he'd have smelled them from the lobby."

"Sick leave," said Gibbs, "he got …"

"Here I am," said Tony walking from the elevator. McGee was startled, thinking for a moment that Tony really had smelled the pastries from his apartment. "Sorry I'm late, Boss. Took a while to get ready this morning."

"Thought Ducky told you to take today off," said Gibbs mildly.

"I'm fi … all right," said Tony, "thought I'd come in. Guess the Maryland Police will need something from me."

"No," said Gibbs, "it's all taken care of."

"Oh," said Tony, "they'll need me in court though?"

"No."

"The inquest then?"

"Not going to be one," said Gibbs.

Tony adjusted the sling on his arm and sat down carefully. "No inquest?"

"Ducky signed the death certificate," said McGee, "there's no doubt about cause of death."

"A  _violent_ death," said Tony.

"Ducky's happy. Maryland ME is happy. There's no family to request an inquest. Nothing to investigate." said Gibbs.

"Ok," said Tony, "so what's Delaney being charged with?"

"He's not," said Gibbs.

"He's not?"

"Do I stutter, DiNozzo?"

"No, Boss. But I don't understand. The kid took his dad's gun, carried it round Felixton and then shot two people. Killed someone. Am I missing something? Why isn't he being charged?"

"He didn't mean to shoot anyone," said McGee, "it was an accident."

"Charging Jonty wouldn't achieve anything, DiNozzo," said Gibbs.

"What?" said DiNozzo.

"Do you want to ruin his life, DiNozzo?" asked Gibbs, "think what a charge would mean."

"Boss, I don't want to ruin anyone's life but this kid stole a gun …"

"Just from his dad," offered McGee.

Tony ignored the interruption, "stole a gun. Disobeyed an instruction from a federal agent and then shot the federal agent as well as Otis Clancy."

"A violent criminal," said McGee.

"Delaney didn't know that," said Tony, "and he was a  _suspect_. And anyway, when did it become his job to shoot Clancy?"

"You're just mad that you got shot," said Tim in an appeasing tone.

Tony stared at him, "of course I'm mad," he said, "wouldn't you be?"

"We all know that Clancy wasn't going to come quietly," said Gibbs, "it'd have ended the same anyway."

"We don't know that, Boss," said Tony, "I was the one who saw Clancy in that alleyway. Yes, he had his gun out but I'm not sure he was going to use it."

"It's too late now," said Gibbs, "it's been decided. Nobody cares about Clancy."

"So it's all going to be tidied away," said Tony, "and Delaney doesn't even get told off?"

"Calm down, Tony," said McGee, "what good will filing charges against Jonty do?"

"Calm down?" said Tony, "easy for you to say. What if it had been me that Delaney had killed? Could have been, you know. Couple inches different way and I'm dead."

"You're not," said Gibbs flatly.

"But if I had been?" asked Tony, "would Delaney have been getting a pat on his back for that as well? Sorry you were traumatised, kid, because someone got in the way of your bullet, but you'll get over it."

"Tony …" began McGee.

"But it wouldn't have mattered," continued Tony, "If I was lying dead on the floor because there wasn't anyone to care about me either?"

"Tony, that's not what we mean. And you know it," said McGee. "Of course we'd have cared."

"You want to practise that, McGee?" said Tony, "sound a bit more convincing?"

"DiNozzo," said Gibbs wearily, "we'd have cried at your funeral. Didn't happen. Move on."

"But, Boss …"

"DiNozzo," snapped Gibbs, "Go home. Take the day."

"Gibbs …" began Tony.

"Come on, DiNotso," said Fornell, "I'll give you a ride home."

"You will?" asked Tony in surprise.

"Sure," said Fornell, "think of it as the FBI returning a favour."

By the time Tony had thought of a response, Fornell was shepherding him towards the elevator.

"What's going on, Toby?" he asked as the elevator door closed.

Fornell sighed, "My Mom always wanted me to go into the Foreign Service," he said nostalgically, "I thought I'd practise my diplomacy!"

Gibbs waited until the elevator had gone and then announced, "Going for coffee!"

Ellie had watched the exchanges as if it had been a tennis match and now she came and stood in front of Tim's desk. McGee briefly tried to ignore her but knew she wouldn't be leaving anytime soon.

"What?" he said.

"What was that about?" asked Ellie.

"Gibbs, Ducky and Maryland State Police decided that there didn't need to be an inquest on Clancy. Gibbs and the State Police decided that Jonty shouldn't be charged with anything," said Tim, bending his head to his work once more.

"I got that," said Ellie, "so what it was about?"

Tim sighed, "Tony thought Jonty should have been prosecuted for something."

"It was pretty serious," Ellie pointed out.

"But charging him might have ruined a young man's life," said Tim.

"He killed someone," said Ellie.

"I know."

"And he shot Tony."

"By mistake."

"Still …, Tony's got a point," said Ellie.

"And so has Gibbs," said Tim.

"And what do  _you_  think?"

"I think Tony's mad that he got shot," said Tim.

"You didn't answer the question," said Ellie.

"And I think Gibbs has got a point too."

"And you still didn't answer the question."

"I don't have to. It wasn't my decision. You may have noticed that Gibbs doesn't really go in for consultations."

"OK," said Ellie, realising that she wasn't going to get Tim to give an opinion. "So what's worrying you?"

"I'm not worried," said Tim.

Ellie gazed at him.

"OK," he caved, "sometimes Tony gets something in his head that he can't let go of. And it's not always pretty.  _Serious Tony_ messes with the team dynamic. Trust me, it's awkward. And this time …"

"This time, what?"

"This time he may be butting heads with Gibbs. And that's not good news. For anyone."

Ellie frowned and went back to her desk to analyse this new data.

 


	2. Chapter 2

Tony was back at work next day without his sling but still with what Gibbs privately termed his 'attitude'. Neither of them spoke about the previous day's activities.

"Ducky found a key in Clancy's pants," announced Gibbs, "Abby traced it to an address in Langley Park. McGee, DiNozzo, go to Clancy's apartment. Check to see if you can see anything backing Fornell's theory about Clancy doing other robberies."

"Do you want Bishop to come too?" asked Tony neutrally, "good experience for the Probie."

Gibbs stared at Tony but didn't identify the suggestion as insubordination so just nodded,

"Bishop, go with them."

"McGee, you're driving," said Tony, "my arm's still sore." He looked at Gibbs but the Boss's head was down and he didn't notice. Ellie and Tim exchanged nervous looks and hurried to the elevator.

The ride to Clancy's apartment was made in silence. Ellie couldn't remember a journey where Tony didn't provide some sort of running commentary. Tim concentrated on his driving, determined not to do anything which might provoke Tony and was grateful when they pulled up outside a shabby building which had seen better days.

"Nice," commented McGee as he looked at the dirty windows and garbage lying around the steps.

"Doesn't look as if he was spending his ill-gotten gains on accommodation," observed Ellie.

"Let's take a look," said Tony, leading the way.

Clancy's 'apartment' consisted of one main room with a tiny kitchenette and a separate dingy bathroom.

"I'd turn to crime if I lived here," commented Tim.

That made Tony smile for the first time that day. "Tim, the master criminal," he said, "hard to picture."

"He didn't have much stuff, did he?" said Ellie as she gazed at the room: an unmade, single bed; a table with two chairs; a TV on the wall, a dresser and an alcove which seemed to serve as hanging space for clothes.

"No, he didn't," agreed Tony, "McGee, go see the landlord. See if anyone has been around here."

McGee would usually have argued about Tony telling him what to do but, on this occasion, there was something different about Tony's mood. He wasn't ordering Tim about for the sake of asserting his authority but was just doing it because it was the efficient thing to do.

"OK," he said.

Tony nodded, "Probette and I will search the room. Or rather, Bishop will search the room and I will give her the benefit of my experience."

"Good luck, Bishop," muttered McGee as he went off on his errand.

"So, Bishop," said Tony, "what do you see?"

"Not much," said Ellie.

"Good," said Tony, "so what  _don't_ you see?"

"Uh?" asked Ellie.

"You're the analyst," said Tony, "what do you expect to see when you visit someone's place?"

Ellie thought, "Books, computer …"

"If you were visiting McNerd's place," said Tony, "what about here?"

"Pictures?" said Ellie, "photos of family, friends. Personal stuff."

"Good," said Tony.

"But we know that Clancy didn't have any family," said Ellie.

"He did have once though," said Tony. "What else do you see?"

"Dust," sniffed Ellie.

"Everywhere?" asked Tony.

"Pretty much. Don't think he was modelling himself on Martha Stewart."

"What about there?" asked Tony, pointing to the window sill.

Ellie went to have a closer look, "Looks as if there was something here," she said, "there's a mark in the dust."

"We'll dust for finger prints," said Tony.

"Why?" asked Ellie, even as she got the equipment out.

"Make sure Clancy was the only person here," said Tony, "you do that. I'll search the dresser."

McGee returned while they were working, "landlord's not admitting to anything," he said, "says he doesn't interfere with the tenants. Clancy paid his rent on time. That's all he cared about."

"OK," said Tony, "search the bathroom. Then we'll go back."

NCISNCIS

"Clancy's place was clean, Boss," said McGee when they got back to the Navy Yard.

"Clean?" asked Ellie, "I'm not going to your apartment if you think that was  _clean_."

"Technical term," said Tony, "you'll learn, Probie." He looked up and saw Gibbs' customary resigned expression. "No sign of criminal activity there, Boss," he said. He waited to see if Bishop would add a comment and smiled when she said,

"Looks as if something, a picture, something like that, might have been moved," she offered.

"The landlord didn't know if anyone had been hanging around, waiting for Clancy to come back," said McGee. Gibbs nodded. "But," continued Tim, "it's not exactly the sort of place that you'd expect a landlord to be looking out for the tenants."

"We've got some prints to run," said Tony, "and a toothbrush for DNA. Abby'll be able to check who they belong to."

"Any doubt the apartment belonged to Clancy?" asked Gibbs.

"'No," said McGee, "I showed his picture to the landlord and he confirmed."

"OK. DiNozzo, bring the evidence down to Abby. Get her to run it. McGee, Bishop, call came in from Metro PD. Those two sailors who were reported UA yesterday have been spotted in Rock Creek Park. Go see if it's them. If it is, haul their asses back here."

"You want me to go too?" asked Tony.

"Did I say your name, DiNozzo?" said Gibbs.

"No, Boss."

"Then, no, I don't want you to go." Gibbs seemed to relent of his shortness, "Ducky wasn't pleased to hear you'd gone to Langley Park. Said you should be on desk duty."

"Oh," said Tony in a mollified tone.

"Wasn't pleased to hear that you weren't wearing your sling either," said Gibbs, "I'd stay out of his way if I were you."

"Thanks, Boss," said Tony.

NCISNCIS

Abby was, as usual, delighted to be given finger prints to run and DNA to analyse but she didn't allow that to divert her from giving Tony a gentle and considerate hug.

"You should be wearing your sling, Tony," she admonished, "you'd better watch out for Ducky."

"Thanks, Abs. Gibbs has already warned me."

"How are you?" she asked tentatively.

"Fine," said Tony, "arm's a bit sore. That's all. I've had worse."

Abby continued to look at him anxiously.

"What?" he said.

"Well …"

"Spit it out," said Tony.

"Well. Tim said … and Ellie … That … well, you were pissed at Gibbs."

"I was. I am."

"I don't like it when you and Gibbs don't get on," said Abby, "it messes with the harmony."

"Harmony?" said Tony, "harmony? You sure you're talking about our team?"

"OK," conceded Abby, "perhaps not harmony but the smooth running of the well-oiled machine that is the MCRT. I hate it when you guys are fighting."

"I'm not fighting with Gibbs," said Tony, "just not seeing eye to eye with El Jefe, that's all."

"You should talk to him," said Abby earnestly. Tony stared at her incredulously. "Well. Perhaps not," she said, "but you need to do something."

Tony thought about arguing but decided instead to change the subject, "Abs, anything else in Clancy's personal effects?"

Abby thought about Tony's wounded arm and hurt feelings and decided to cut him some slack, "not much. A wallet. Those keys. Driving licence. A cell phone."

"Can I have the cell?"

"Sure, he didn't make or receive many calls. Takeaways and cab companies. Some calls to and from pay phones."

"Got a list?" asked Tony.

Abby handed him a printout.

"Thanks, Abs."

"Tony," Abby said as he was leaving, "don't be mad with Gibbs."

Tony nodded and, taking a furtive look in case Ducky was lurking, left the lab.

NCISNCIS.

Tony eluded Ducky so was able to go straight back to the squad room. Gibbs had disappeared on one of his coffee runs so, without an audience, he was free to wince when he knocked his wounded arm. He scowled as he switched his computer on.

"What you doing, DiNozzo?" asked Gibbs when he returned some time later.

"Fornell sent over CCTV pictures of the other robberies they think Clancy did. I'm taking a look to confirm if he's right."

Gibbs peered over Tony's shoulder, "can't see much," he commented.

"No," agreed Tony, "they won't win any Oscars for best movie."

"Send them back," said Gibbs, "we know Clancy killed the two marines. Let Fornell do the heavy lifting on the other cases."

"I thought I'd bring them down to Abby," said Tony, "see if she can make the pictures clearer."

Gibbs opened his mouth to forbid this but then decided he might as well humour Tony while he couldn't go out in the field. Encouraged by this, Tony began to think aloud,

"Clancy's place was pretty … grim. No sign of any money being spent on it. Makes me wonder what he used the proceeds of the robberies for."

"Drugs? Drink?" asked Gibbs, as he walked to his desk.

"Place didn't smell of alcohol and no empty bottles. No drugs paraphernalia. Nothing in the background McGee dug up suggests expensive tastes. Bit of a mystery."

"What about that picture Bishop mentioned? Why do you think that's important?"

"Don't know, Boss. Just seems odd that he had nothing personal in the room but the landlord said he'd been there nearly two years."

"You think someone had been there before you?"

"Could be. Don't know why though. We've got his cell phone. I'll check the numbers. He must have known somebody."

"Not everyone has friends," said Gibbs, "perhaps he didn't either."

"Guess so," said Tony, "nobody seems to care he's dead." He looked up Gibbs accusingly.

"Go see Ducky," said Gibbs, declining to rise to the silent challenge, "see if he found any signs of drinks or drugs in Clancy."

"But, Boss," said Tony.

"Go on," ordered Gibbs, "You can't stay out of his way for ever. He'll be up to prod you soon enough. You might as well get it over with."

"OK," said Tony reluctantly. "I'll go by Abby's lab. Let her know that the pictures are on their way." He poked in his backpack and drew out the discarded sling and put it back on.

NCISNCIS

"Ah, Anthony," said Ducky when Tony arrived in Autopsy, "the rumour mill has been less efficient than usual."

"It has?" asked Tony as he puzzled Ducky's latest verbal tangent.

"Indeed.  _Scuttlebutt_  had it that you were no longer wearing your sling but I see that you are."

"Ah," said Tony, "well, you see …"

Ducky was a gentleman and didn't like to pursue quarry that was already beaten, "But, on closer inspection, I see that scuttlebutt was correct. I surmise that you have only recently resumed wearing the sling."

"How do you know that?" asked Tony.

"You are not the only detective in the room, Anthony. Allow me my secrets! Now, let me examine your wound."

Tony meekly submitted to the examination.

"That all looks satisfactory," pronounced Ducky after a few minutes, "continue with your course of antibiotics; alas, bullets are not hygienic especially when they tear through fabric to get to your skin. And carry on wearing the sling for a day or two."

"Yes, Ducky."

"Now, Anthony. Was there something else I can help you with?"

"Otis Clancy."

"Ahh," said Ducky heavily, "what about him?"

"Any signs of drugs or alcohol in his system?"

"No. Why?"

"We went to his apartment this morning. He seemed to be living on the bread line. We wondered if he was spending his money on drugs or drink."

"No, nothing like that. You can see for yourself that he bore none of the signs of substance abuse." Ducky walked over to one of the drawers and pulled it open to reveal Clancy's body. "You will see that he is, or rather, was a little underweight for his height and his muscle tone was not good so I would surmise that he did not live a healthy lifestyle but I found nothing to suggest anything more sinister than an addiction to fast food. Anthony, are you all right?"

Tony had followed Ducky and was now gazing at Clancy.

"Tony!" said Ducky, "are you all right?"

Tony jumped slightly as Ducky's words drew him back. It was unusual for Ducky to use the shortened version of his name.

"Sorry, Ducky. Miles away."

Ducky patted his shoulder gently, "I know, my boy. I find that bullet wounds of that type bring back sad memories for me as well."

"Don't why I'm letting it get to me," said Tony in a rare moment of vulnerability.

"Caitlyn was a fine person," said Ducky, "we should not forget her."

"This isn't how I want to remember her," said Tony. He stared at Clancy for a couple more seconds then shook himself, "how long will Clancy be here?"

"I don't know," said Ducky, "we will have to wait to see if anyone claims his body."

"No one been in touch?" said Tony, knowing the answer.

"I fear not," said Ducky, "he seems to have been alone in the world."

Tony remained silent. Ducky cleared his throat, "Timothy said that you were concerned that nobody would have been upset if it was you lying in that drawer." Tony looked at him. "Surely you know that is not the case? We would all have been most distressed if you had been killed. We think very highly of you. You must understand that?"

Tony managed a smile, "I guess so. Yes. Of course, I do. It's just …"

"Just what, dear boy?"

"It could have been me so easily. That kid didn't know what he was doing. I guess it's one of those moments when you realise how fragile life is."

"Indeed," said Ducky, refraining from delivering an apt anecdote.

"And I know that Clancy was a murderer as well as a thief."

"Yes. Not a  _pleasant_  person," said Ducky.

"And he might not have come quietly. He might have ended up here anyway with one of my bullets in his head."

"But?" queried Ducky.

"And I've killed people before. And not always lost sleep afterwards."

"Yet this is different somehow?"

"Yes, it is."

"And do you know why?"

"I think it's something to do with the kid shooting him. It was just an accident. And nobody seems to care. It's like Clancy has just been sort of discarded, tossed away. If it had been one of us; Gibbs, me or McGee who'd shot him, we'd have done it with purpose, because it was the only way. We wouldn't have done it lightly."

"Of course not," agreed Ducky.

"Perhaps McGee is right and I'm just mad that I got shot," said Tony, trying to shake off his morose mood.

"There is no disgrace in being touched by what happens in our jobs, Anthony," said Ducky.

"Guess not," said Tony, "but it won't do my reputation any good," he added with an attempt at humour. "Big bad special agents shouldn't care."

"Perhaps not," said Ducky, "but functioning  _human beings_  should."

"Thanks, Ducky," said Tony feeling a little soothed by Ducky's calm, non-judgemental kindness.

"Anytime, dear boy, anytime."

NCISNCIS

Ellie and Tim returned without the missing sailors and found Tony poking one-handedly at his keyboard.

"McGoo," said Tony happily, "here's a list of numbers Abby got off Clancy's cell. Run them, will you? Find locations, times."

Tim's instinct was to argue but he saw that Tony was rather ostentatiously nursing his arm so he decided to save his energy.

"Why are we doing this?" he asked, even as he began the task.

"Want to be sure Clancy was working alone," said Tony.

"Why do you think he might not have been?" asked Bishop.

"Abby found another set of fingerprints among those you lifted at his apartment. And look …" he held up Clancy's cell.

Ellie and Tim came to Tony's desk and looked at the phone.

"That's a picture of Clancy," said Bishop.

"Well done," said Tony, "you've earned your pay today."

"And this is important, why?" asked Tim.

"Someone took it," said Tony.

"Could be one of those me-me's," said Gibbs walking in at that moment.

Three pairs of puzzled eyes swivelled in his direction. McGee was the first to make the translation,

"Selfie! You mean selfie, Boss. And that's an excellent point."

"That look like a me-me to you?" asked Tony.

Bishop and Tim looked more closely. "No," said Ellie eventually, "but I still don't see why it might be important."

"Would you hand your phone to a stranger so they could take your picture?" asked Tony.

"No." said Gibbs flatly, "Going to see the Director. Give him an update on those missing sailors."

The other three suppressed smiles at the thought of Gibbs requesting someone to take his picture, and McGee said,

"No. I guess you'd have to know someone pretty well to let them have your phone."

"My point exactly," said Tony triumphantly, "which means that Clancy had a friend."

"That's a bit thin," said Ellie doubtfully.

Tony ignored her, "I'm going to bring the cell down to Abby. See if she checked it for fingerprints. Might get a print of the person who took the photo."

"Doesn't mean that person was working with Clancy," Tim pointed out.

"I know. But if we can trace him or her; they might know something about Clancy," said Tony as he walked to the elevator.

"Why does Tony want to find out more about Clancy?" asked Ellie after he had gone.

"In case he had an accomplice," said McGee.

"Feels like more than that," said Ellie, "feels like he wants him to be … I don't know … more real."

"So we might care that he's dead," said McGee.

"He's not letting go of this, is he?" asked Ellie.

"Not so you'd notice," said McGee, "not so you'd notice."

 


	3. Chapter 3

Later that day Tony was standing in his kitchen gazing at a refrigerator empty of anything edible when his doorbell rang.

"McGoo!" he said when he opened the door, "what you doing here?"

"Brought some pizza," said McGee holding a box in front of him.

"In that case, come in," said Tony. "No, wait a minute! It's not a low fat, green vegetable one, is it?"

"Do I look like Ducky?" asked Tim.

Tony seemed to consider this for an unnerving length of time, "Let me get back to you on that. Come on. I trust you. Well, as far as pizza goes."

Tim walked into the apartment,

"Whoa, Tony," he said, "it's like an oven in here."

"Is it?" asked Tony, "I thought it was cold so I put the heating on."

Tim took his jacket off but decided not to say anything else about the temperature. He found some plates in the kitchen and divided the pizza between them.

"Want a beer?" asked Tony.

"Sure," said Tim. Tony handed him a bottle out of the refrigerator. "You not having one?" Tim asked.

"Nope. I'm sticking to sodas. I'm still on the antibiotics."

After he had eaten the first slice of pizza, Tony said, "So what gives, Tim? Why are you here?" He turned to look at Tim.

McGee thought about making an excuse but decided that Tony would see through that, "I was worried about you," he said.

"I'm all right," said Tony.

"Yeah, sure," said Tim.

"So, you've been pretty quiet about Delaney," said Tony, "haven't you got an opinion?"

"I can see both sides," said McGee, "and it's not too late."

"Not too late for what?"

"For Jonty to be prosecuted. You could still file a complaint. Prosecutor would have to listen to you."

"I know," said Tony, "would mean going up against Gibbs, though. Or through him."

"Yes," agreed Tim with a grimace. Tony didn't reply but took a bite out of his second slice of pizza. "What are you going to do, Tony?" asked Tim.

"I'm going to have another slice and another soda!" said Tony cheerfully as he bounded up off the couch and strode into the kitchen. Tim sighed, as he realised that the subject was closed for the moment.

In the early hours of the morning, Tony found himself sitting on the edge of his bed drenched in sweat. He tried to remember what had jerked him out of his sleep and shuddered as he got the nightmare picture of himself lying on the ground with a bullet hole between his eyes and Gibbs shrugging as he returned his Sig to its holster.

"Damn," said Tony, as he looked at his trembling hands and felt his damp forehead. "Looks like a visit to Ducky tomorrow."

NCISNCIS

"You're running a slight fever," said Ducky as he examined Tony the next day. "I think you probably have an infection from your wound. I fear you will need a different type of antibiotic and a longer course."

"OK," said Tony, getting ready to jump off the autopsy table, "give me the prescription and I'll get it filled."

"Not so fast, Anthony," said Ducky, "I need to give you an injection. We need to start fighting that infection as soon as possible."

"Oh, Ducky," said Tony in what he hoped was both a winning and disappointed tone, "I can't stay. I've got to …"

"DiNozzo, do what Duck says," said Gibbs as he walked into autopsy.

"How do you know what Ducky was telling me to do?" protested Tony, "he might have been telling me to run stark naked through the squad room. Do you really want me to do that?" Gibbs raised an eyebrow. "OK," Tony conceded, "perhaps that isn't what Ducky told me to do, but it might be something you wouldn't approve of."

"DiNozzo," said Gibbs, "you're sitting on an autopsy table with your shirt undone, Ducky's wearing his stethoscope and your face is flushed. I'm guessing that Ducky has given you the benefit of his medical experience."

"Thank you, Jethro," said Ducky, "it is always gratifying to have your backing. Now, Anthony, I know you don't like needles but I fear there is no alternative."

"It's not that I don't like needles," said Tony, "it's just that …" he saw the understanding in Ducky's face, "OK. I don't like needles. Sue me."

"It is quite understandable, Anthony," said Ducky, "I will be as gentle as I can."

Under Gibbs' impassive gaze, Tony submitted to the injection.

"I would recommend that you take a few days' sick leave," said Ducky, "but I know you would not be amenable to that suggestion."

Part of Tony thought that a few days at home would be great but he knew that the MCRT ethos was that sick leave was only permissible if a limb was hanging off so he discarded that idea.

"So," continued Ducky, unaware of Tony's doubts, "I do however insist that you wear the sling until I tell you that you may dispense with it  _and_  you may not go out into the field. Jethro, I expect you to enforce my directions."

"Come on, DiNozzo," said Gibbs, "you heard Ducky. Director wants us to focus on finding those missing sailors. He thinks they're up to no good. I need McGee to help with that so I'll leave you and Bishop to hold the fort here."

While Tony wasn't pleased that Gibbs had arrived in time to enforce the injection, he was pleased to hear that Gibbs would be distracted for a while which meant that he could pursue his own lines of enquiry.

NCISNCIS

While McGee and Gibbs were out of the office, Tony had Ellie continue with the analysis of Clancy's phone calls and of the CCTV footage which Abby had cleaned up a little. Tony began a series of calls to the long list of people who had acted as foster carers for Clancy in his youth. The first five calls were unsuccessful with the carers unable to remember anything particular about him and suspicious of the reasons for Tony's call. He was beginning to doubt the point of the calls when he hit pay dirt in Nebraska.

"Yes, I remember Otis," said Mary Gordon, "Clance, we called him. He was with us for going on two years."

"What was he like?" asked Tony.

"He was no trouble really," said Mary. "No, I suppose that's not quite true."

"Why? What did he do?"

"Oh, he wasn't a  _bad_  boy," said Mary, "I mean, he didn't pull wings off butterflies or tie fireworks to the tails of dogs …"

"What?" said Tony in surprise.

"Oh, Agent DiNozzo, we've had that, I can assure you. My husband and me, we've been fostering kids for nearly twenty years. We've seen pretty much everything in our time."

"I'm sure you have."

"Don't get me wrong. We love kids. That's why we foster. We don't do it for the money although I won't deny it's been useful. But you know, we have kids in our homes because we want to help them but that doesn't mean that we're not realistic. Some of these kids have had a terrible start in life and it shows. And some of them, well, their folks can't cope with them and I'm not surprised. I could tell you some stories. Some bad, a lot good."

"And Otis?" asked Tony, "bad or good?"

"Difficult to say, Sir. Like I said he wasn't any  _real_  trouble but …"

"But?"

"He needed a lot of  _looking after_."

"In what way?"

"He didn't know what to do. Had to be told to do everything. No initiative, I guess you'd say."

"Was there something wrong with him?" asked Tony.

"Don't know. He'd been through the system some before he came to us. Teenage mother who couldn't cope. Abandoned him when he was just a toddler. I always wondered if he was just frightened to do the wrong thing so ended up not doing anything. It was kinda tiring."

"Was he ever up for adoption?"

"Lord, no. He'd never catch anyone's eye. Like I said, no spark. He was always going to stay in the system."

"You said you had him for nearly two years. Why did he leave you?"

"We'd have kept him, Agent DiNozzo. Like I said, he was a bit tiring but we'd got used to him and he'd got used to us. But my husband's job got transferred to Nebraska and we couldn't take him with us. Gets complicated to move a child across state lines, you know."

"I see," said Tony.

"We tried to keep in touch," said Mary, "sent cards at Christmas and birthdays, you know. But after a while we didn't get replies and we didn't know where he was. I sometimes wondered what happened to him. We thought perhaps he should go into the military."

"Why?"

"The discipline. He could have thrived in an environment where he was told what to do all the time. Why do you want to know all this, anyway?"

"I'm sorry to tell you, Mrs Gordon, that Otis … Clance … was shot dead a few days ago."

"Oh," there was silence down the phone, "oh. That's sad."

"You don't sound all that surprised, Mrs Gordon?"

"Well, I am and I'm not. You know, some foster kids do well and others don't. I guess I'm not that surprised that Clance was one of those who didn't. He was never lucky in life. I always worried that he'd get into bad company; that he'd just follow along if someone told him to do bad things."

"It sounds as if perhaps he was lucky when he was with you," offered Tony who had taken to her kindness.

"Thank you for saying that, Agent DiNozzo. We've had successes. I guess Clance might have been one if we hadn't had to move."

"Thank you for your help, Mrs Gordon."

"I'm not sure that I've been any help," she replied.

"One more thing. Did Clance have any photos of you and your husband?"

"I guess so. He had some when he left. We like taking pictures of our family. Don't know whether he'd have kept them, of course."

"Thank you again, Mrs Gordon."

"No trouble, have a good day."

Tony sighed as he put the phone down. Mrs Gordon had sounded mildly regretful that Clancy had died but it was clear that it was a long time ago and she had moved on. She and her husband had done their best for their foster child but they hadn't been attached enough that they would mourn for him now.

"Anything useful?" asked Ellie who had been listening to Tony's side of the conversation.

"Not really," said Tony, "except that Clancy was more of a follower than a leader. Mrs Gordon says he never showed any initiative."

"So?"

"So, it seems a bit strange that he'd do robberies on his own."

"People change," pointed out Ellie.

"True, Probie. Have you found anything?"

"Possibly. These phone numbers are interesting."

Before she could explain, they were interrupted by the return of Gibbs and McGee.

"Any luck?" asked Tony.

"No," said McGee, "I'm beginning to think they're using their survival training to stay out of our way."

"McGee, try a trace on their cells again," ordered Gibbs, "they must be somewhere."

As Tim began to follow his instructions, the elevator dinged to announce a visitor. Tony had his head down so didn't immediately notice how Gibbs and McGee stiffened. A middle-aged man and a youth were pointed in Tony's direction.

"Agent DiNozzo?" said the man.

Tony looked up, "Yes? How can I help you?" McGee and Gibbs looked up from where they were sitting.

"I'm Malcolm Delaney. I'm afraid you've already met my son, Jonathan."

Tony turned to look at the young man and recognised the person who had shot him.

"I … we … wanted to come and apologise that you were shot," continued Mr Delaney, "didn't we, Jonty?"

Tony stared at the pair. Malcolm Delaney was wearing a smart suit which Tony automatically priced at over $1000 while his son was also well, and expensively, dressed. At first glance Mr Delaney appeared to be someone who was accustomed to the good things in life and usually got them; a man confident in both his abilities and his power. Tony's second glance noticed that he was pale and had dark circles under his eyes, suggesting that he hadn't slept well recently. His son was also pale and drawn and his eyes were red.

Jonty nodded in reply to his father who jerked his head in Tony's direction.

"Agent DiNozzo," said Jonty, "I'm really sorry about what happened to you. And to that other man. The one who I-I-I killed."

Jonty began to weep. His father put a comforting arm round his shoulders.

"Agent DiNozzo," he said, "I was shocked when I found out that Jonty had taken my gun. And even more shocked when I found out what he had done. He has never done anything like this before. I'd only just got the gun and I certainly don't want it in the house again. I don't know if it's you or the Maryland Police who have the gun, but please, don't give it back."

Tony gazed at the father and son but couldn't think what to say to them. Mr Delaney turned towards Gibbs.

"Agent Gibbs, my son and I are very grateful that you and the police decided not to press any charges against Jonty. You can see how much he has been affected by what happened."

Gibbs nodded. Mr Delaney continued, "My wife and I have made it very clear to Jonty that what he did was completely unacceptable and that he has been very lucky not to be suffering any legal consequences. We are considering how we should punish him but this has nearly torn our family apart."

"Just make sure nothing like this happens again, Jonty," said Gibbs. The Delaneys both nodded. "I'll see you out," continued Gibbs.

"No need," said Tony, finding his voice at last, "come this way."

Malcolm shook hands with Gibbs and nodded to McGee and Ellie before he and his son followed Tony to the elevator. While they waited for it to arrive, Mr Delaney said,

"My wife's cousin is a lawyer. He tells me that there is still a possibility of Jonty being charged with an offence. That you could make a complaint."

Tony braced himself to hear an appeal from them. With a pang of regret, he now understood why they had come to see him.

"And I want you to know," continued Malcolm, "that I would completely understand if that's what you decide to do. I was surprised not to be prosecuted for not keeping my gun secure and even more surprised when Jonty wasn't accused of anything. Of course, I hope you won't decide to take this further but I … we … aren't putting any pressure on you. I believe in the law, Agent DiNozzo. My wife and I will be with our son if he has to go to court and we're ready to support him. I just wanted you to know that."

Tony was shaken by his obvious sincerity, "I appreciate that," he said, "thank you for coming. It can't have been easy."

Mr Delaney nodded, "we just wanted to see you face to face. Come on, Jonty."

"I'm sorry," said Jonty again, "really sorry."

As Tony returned to his desk he could sense a relaxation in the tension that had been present in the squad room over the last few days.

"Nice family," observed McGee.

"Good of them to come," said Ellie, "you could see how upset they were."

"Feel better now, DiNozzo?" said Gibbs, "See that not charging Jonty was the right thing?"

Tony stared at them, "what? You think being  _nice_  excuses them? That I shouldn't make a complaint because they came and apologised?"

"Tony …" began Tim.

"No!" said Tony, "the law doesn't just apply to people we don't like."

"So you're going to make a complaint?" asked Ellie.

"Ruin that kid's life? Turn him into a criminal, turn him into an Otis Clancy?" asked Gibbs.

"I don't know," said Tony, "OK? I don't know!"

 


	4. Chapter 4

An uneasy silence fell on the squad room after Tony had spoken. Ellie and Tim glanced anxiously between Tony and Gibbs. Gibbs stared across at Tony whose eyes were on his computer monitor.

"Go home. All of you!" ordered Gibbs. "It's been a long week. Take the weekend." The unspoken words were " _and come back on Monday in a better frame of mind."_

"An excellent idea, Jethro," said Ducky who had made one of his well-timed entrances in time to hear Gibbs dismissing the team. "Anthony, make sure you keep that arm rested. You don't want any more nightmares!"

McGee and Bishop were packing up quickly and willingly while it was taking the one-armed Tony a bit longer.

"Want to grab something to eat, Tony?" asked McGee.

"No, thanks," said Tony, "like Gibbs said. It's been a long week. I'm beat. Going home to have a Jack Nicholson marathon. See you Monday."

"Nightmare?" Gibbs asked Ducky when the rest of the team had gone.

"Ah," said Ducky, "well," he hesitated but decided it would be good for Gibbs to know, "Anthony had a nightmare last night. As a result of a slight fever I would surmise."

"OK," said Gibbs as he began clearing his desk.

"A nightmare in which you featured, Jethro," continued Ducky.

"So? You're always telling me I scare the bejesus out of everyone," said Gibbs with an attempt at humour. "Not surprising."

"As far as I can ascertain, in this particular nightmare you shot Anthony between the eyes. And didn't seem to care."

"Duck …" said Gibbs wearily.

"I know, Jethro, I know. And I am not drawing any conclusions from the dream."

"Then why tell me?"

"Because you like to have all the facts, Jethro. And this is a fact."

Gibbs half expected to get a basement visit from Tony over the weekend. On other occasions when Tony had been in a dilemma he would come and use Gibbs as a sounding board but Gibbs' basement remained DiNozzo free.

Gibbs still believed he had been right to make the decision not to prosecute Jonty. He had seen the kid's distress and believed that it was a one-off incident. Gibbs was used to making decisions quickly and he had rapidly assessed that a sympathetic jury would not have found Jonty guilty of any major offence. To Gibbs it had seemed clear that it would save time and money not to prosecute and would avoid destroying the young man's life. The Maryland police captain had been happy to agree and it had all seemed straightforward. Gibbs realised that he should have realised that situations involving DiNozzo were not always straightforward.

Gibbs' woodworking did not go well that weekend; he just hoped that his team had fared better.

Tony spent the weekend in something of a movie induced haze in which he tried, with limited success, to avoid thinking about guns, murders and robberies. On reflection he had decided that Jack Nicholson was not the right choice for his marathon and had substituted a Cary Grant fest instead.

NCISNCIS

Tony arrived at work on Monday physically but not mentally rested. When he got to the squad room, McGee was standing at his desk with backpack in hand.

"What's up McDoc?" he asked in an attempt at normality.

"Boss and I are going to Norfolk. Those sailors haven't shown up. Gibbs wants to talk to other sailors in their command."

"Ouch," said Tony sympathetically.

"What you mean?" asked Tim.

"Hours of driving with Gibbs," said Tony, "hope you've taken your chill-pills."

McGee winced, "thanks. Sure you don't want to go in my place?"

For answer Tony pointed to his sling.

"Today, McGee!" bellowed Gibbs as he appeared at the elevator.

"Coming, Boss," said McGee as he looked quickly at his desk to make sure he had everything before trotting over to the elevator door just in time to jump in before the doors closed.

Tony smiled at McGee's discomfort and then sighed as he remembered a time when he would have looked forward to a day alone with Gibbs. He switched his computer on and began looking at his emails.

"Morning, newProbie," he said when Bishop arrived.

"Morning, oldProbie," said Bishop.

"Old?" said Tony.

"As in  _former_ ," said Bishop, "not old. Although, of course, you are older than me."

"There was a time when I thought I would like you, Bishop," said Tony sadly.

"I made cupcakes," offered Ellie, "coffee and hazelnut."

"And I was right to think that I would like you," said Tony, "it's been a long time since we had a Probie who baked."

"Where're Gibbs and Tim?"

"On their way to Norfolk. They left about ten minutes ago so they're probably halfway there by now."

"When will they be back?"

"Too late for cupcakes," said Tony in a satisfied tone. "Go get me a coffee. To go with the cupcakes." Ellie looked at him as crossly as she was capable of, "I would go," said Tony pathetically, "but my arm hurts."

"Ducky told you to rest it," said Ellie, even as she left on her errand.

"I did," said Tony virtuously, "but I may have strained it putting all those DVDs in and out." His smile faded as soon as she left.

Ellie came back from the break room to find Tony finishing a phone conversation,

"Thank you. Yes, it's just come through now. Yes, I'll let you know. Bye. Yes, you too. Have a good day."

"One coffee. Decaf mixed with caf and a hazelnut creamer," said Ellie, "who was that?"

"Mary Gordon. Clancy's one time foster mother."

"What did she want?"

"She remembered that I'd asked about photos."

"That was just to see if there might have been any in Clancy's apartment, wasn't it?"

"Yes. But she didn't know that. She thought we wanted to see some so she got one of her kids to scan some old pictures in and she phoned for an email address. She's just sent them."

Ellie came to look over Tony's shoulder as he brought the pictures up.

"How old are they?" she asked.

"Clancy was with the Gordons 2005 to 2007," said Tony as he scrolled through.

Mrs Gordon had added some details.  _Clance with my husband and me. Clance with Rickie and Pete. Clance with our cat Oscar._  The photos went on, some of Clancy on his own, some with the Gordons and some with other children.

"She looks nice," commented Ellie.

"What about Clancy?"

"I can see what she meant. He doesn't look much of a live wire, does he?"

"No," agreed Tony as he gazed at photos in which Clancy stared rather blankly at the camera.

"Who are the other boys?"

"Other foster kids, I guess," said Tony. "You can see that she and her husband cared about the kids. That was something else she called about."

"What?"

"Wants to know when the funeral will be. She says they'll try and come."

"From Nebraska?"

"She says she has family in Virginia. Said it would be a chance to visit with them but I think that's an excuse. She just wants to come."

"Do you think he kept in contact with them?"

"She said they tried to keep in touch but it didn't work," said Tony.

"I meant with the other foster kids," said Ellie, "they might not have been able to go to Nebraska either."

"Well done, that … woman," said Tony, "I'll email her back and ask her. Now, Friday. You said something about the phone numbers being interesting."

"Yes," said Ellie. "I looked at the CCTV footage and I think that Clancy definitely did one of the robberies and might have done one other."

"Fornell thought there'd been five or six that fit the same pattern," said Tony.

"I don't think he did that many," said Ellie.

"OK, so what was interesting?"

"Clancy's calls to and from those pay phones."

"Yes?"

"The pay phones were outside convenience stores: the one where he shot the two marines and the two where we think he might have done the robbery."

"You think he was getting instructions? Or checking them out?" asked Tony.

"Makes sense," said Ellie, "especially if you're right and he wasn't working alone."

"And someone or  _someones_  were avoiding being spotted by using pay phones to contact him."

"And there's something else," said Ellie.

"What?"

"I checked the pay phones outside the other convenience store hits."

"And?"

"And they had incoming and outgoing calls at the times of the robberies."

"But not from or to Clancy's cell?"

"No."

"Might just be coincidence," said Tony, "but there's a rule about that."

"Pay phones aren't that busy these days," said Ellie, "so it's odd that they were busy when these hits were going down."

"Come on," said Tony, "road trip."

"I thought you were on desk duty," said Ellie even as she grabbed her pack.

"Cleared by Ducky this morning," announced Tony, taking off the hated sling.

"But … but …" stammered Ellie, "you made me go get your coffee!"

"There has to be a plus side to being shot," said Tony, "and making Probies run around is one of them."

"Next time," said Ellie, "I'm going to check your wounds by  _hitting_ them."

Tony smiled, "Gibbs has a rule about that."

"But he hits you all the time."

"Not that," said Tony, "rule 12. No hitting on your co-workers."

Bishop spluttered but couldn't think of a reply before they got to the car.

"Where are going?" she asked.

"We're going to visit the sites of the convenience store robberies. See if we can spot anything. Look out for security cameras.

Bishop and Tony spent a couple of hours looking at various crime scenes and then decided to take a coffee break in a park.

"Here you go," said Tony, as he handed Ellie her drink, "reward for getting mine this morning."

"Thanks," said Ellie. She took a sip and considered what to say. She felt that Tony had relaxed a bit during the morning.

"I can hear you thinking, Bishop," said Tony, "your  _analytical_ cogs are spinning. The synapses are charging up. The hamster is racing in his wheel."

"What?"

"OK.  _Her_ wheel."

"Eh?"

"What's on your mind, Bishop?" Tony took pity on her.

"Jonty," said Ellie.

"You know it's interesting," said Tony conversationally, "how everyone calls him  _Jonty_. Sounds quite friendly, doesn't it. Almost cosy?"

"I don't follow," said Ellie.

"We usually call the bad guys by their surnames. I'm calling him Delaney. He's not my friend."

"OK," said Ellie cautiously, "Delaney."

"Let me guess. You can see Gibbs' reasoning."

"Yes. And I thought it was … brave … of them to come to see you."

"So?"

"So, I've never seen you go up against Gibbs before."

"Bishop. At the risk of repeating myself. Delaney stole a gun, wandered round his hometown and managed to shoot me and kill Clancy. Does that seem right to you?"

"No, of course not. But if it went to trial, Jo – Delaney would probably only get a light sentence."

"So, you're with the Gibbs  _waste of public resources_  argument?"

"Not entirely, but I see his point."

"So it's OK for Gibbs and the Maryland captain to be judge and jury as well as arresting officers?"

"No, I guess not."

"And Special Agent Bishop, what would you have thought if Delaney had winged Clancy and nailed yours truly through the eyes?"

"Tony! You know we'd have cared."

"Not my question, Bishop. If I'd been killed would you have thought that Delaney should be let off with a warning?"

"I-I-I"

"What if it had been you who'd been shot in the arm or shot between the eyes? What would Jake have said? What would he have wanted?"

"This isn't you being mad because you were shot, is it?"

"No, it isn't. For some reason I find it difficult to understand why Clancy being killed doesn't matter as much as me, or you, being killed. Explain that to me."

"I can't."

"I'm not being sentimental, Bishop. I've killed people before. I might have ended up killing Clancy in that alley. But if I had, well … it would have been because it was the unavoidable thing to do."

Bishop sipped at her cooling drink, and after a while said, "But it wasn't just Gibbs who decided. The Felixton police agreed too."

"Colin Ferguson," said Tony.

"Who's he?"

"He lives in Felixton. Same age as Jonathan Delaney. They live in the same neighbourhood. Went to the same school. May even be going off to College together."

"What about him?"

"Two months ago he stole Agnes Dolby's car. She's in her sixties. It was just a beat up old Pontiac but it suited her. She used it for shopping and visiting her son and grandkids in Frederick."

"So?"

"Colin hid it away for two days. Then, one night he went out driving."

"Did he get hurt?"

"No, he's fine. He was driving along in the  _stolen_  car when he saw someone being dragged screaming into a pickup."

"What did he do?"

"Oh, he was brave," said Tony, "didn't hesitate. Drove straight for the pickup and managed to stop an abduction."

"Was anyone hurt?" asked Ellie.

"No. By some miracle, abductor and abductee were both fine and Colin didn't have a scratch."

"That's good?" asked Ellie.

"The car was totalled."

"Oh. What happened?"

"Colin was on the front page of the  _Felixton Gazette_ being praised for his quick thinking. Local garage even gave him a new car. Well, a new second hand one."

"And?"

"And he didn't get charged for stealing the car. Though Agnes Dolby had reported it stolen two days before."

"It wasn't a misunderstanding?"

"You mean Ms Dolby might have misunderstood when she thought that locking her garage door was a sign that she didn't want anyone driving her car off? Colin Ferguson just  _accidentally_ hotwired the car, after picking the garage door lock?"

"Why didn't the police charge him?"

"Because it had a  _good_  outcome. Serious abduction foiled. Not so good for Agnes who hasn't got a car anymore. Insurance paid out but not enough for her to buy a replacement."

"That's sad."

"Yes, it is. And it just makes me wonder if Jonathan Delaney had been given the impression that young people in Felixton could get away with breaking the law if it was  _convenient_  for some people."

"So?"

"Slippery slope, Ellie. What happens when the next bored teenager takes a car, or a gun and accidentally kills a child? What will people say then? They'll be up in arms about punishment and law than, won't they?"

"But you don't know that will happen, do you?"

"No, I don't. But I wouldn't want to be the person who'd made the decision not to prosecute Ferguson or Delaney."

"So you're going to make a complaint against Jon – Delaney?"

"Don't know."

"Why don't you know?"

"Because I don't know if it's just because I'm mad that Delaney shot me. And I'm used to trusting Gibbs' judgement. Feels like it's a rule or something."

"You're going to have to decide," said Ellie.

"Thank you for those words of wisdom," said Tony sarcastically, "Come on. Let's head back."

NCISNCIS

Tony found an email waiting for him from the obliging Mrs Gordon. She didn't know if Clancy had kept in touch with any of the other foster children although she thought they would probably have continued to meet up in other placements. She finished her email,

"Clance didn't become real friendly with any of the other kids. Except for Rickie Silver. He was with us for a year or so but then he was adopted. Went to live in DC, I think. I wouldn't say Clance was close with him but Rickie put up with him more than the others. The new family was military or some sort of government service. Something like that. Hope this helps."

"Clancy might have had a friend then," said Ellie.

"See if you can trace him," said Tony.

"No Rickie or Richard Silver in DC that I can see," said Ellie, "but he might have taken his new family's name when he was adopted."

"OK, see what you can find." Tony looked at the picture of the young Rickie, "looks a bit familiar," he said. Another email arrived as he stared at the photo. "Abby's still working on the DNA and fingerprints from Clancy's apartment," he said, "matched Clancy's but says there looks to be some separate DNA. She's searching all the databases she can think of but nothing so far."

"What shall I do?" asked Ellie.

"Old fashioned police work, Probie. We'll look at security footage for the days of the robberies. See if we can spot the same person in more than one shot. Can you do that McClever thing?"

"What's that?"

"Checking cell phones being used at the time of the robberies?"

"How will that help? They weren't using cell phones to make the calls."

"They might have slipped up. They might not have used their cells to make the actual 'go shoot someone' calls but they might have used them for other calls around then."

"OK," said Ellie, "but do you know how many calls will have been made?"

"From your face, I'm guessing … a lot?"

"Yes."

"Couldn't you run of those thingies?"

"What thingies?"

"You know. A nerdy thing. Match cell calls made from one location with calls made somewhere else. You know calls, made at location 1 at time 1 also made at location 2 at time 2 from the same cell."

Ellie looked impressed. "Yes, I can do that nerdy thing."

"Then nerd away, Bishop, nerd away."

Bishop set to work while Tony tried unsuccessfully to find a location for Rickie Silver.

"So what do you think we're looking for?" asked Ellie a few hours later as her searches ran, "someone, or more than one, organising hits on garages and stores? Staying out of the way but taking the proceeds?"

"Organising very  _violent_  hits," said Tony, "injuries in most of these attacks as well as our two dead marines."

"OK," said Bishop, "got some matches."

"Put them up on the plasma."

As the plasma powered up, two pictures flashed up.

"Oh," said Ellie, "Tim must have left those up. Who are they?"

"The missing sailors," said Tony absently. Ellie went to take them down, "No. Wait," he said as he took a closer look, "does the one on the left look to you like an older version of Rickie Silver?"

"You're right," said Ellie, "and look at the name. Petty Officer First Class Richard Simpson. Do you think he's behind the hits?"

"I do," said Tony, "and the Boss and McGee think they're just after two UA sailors. If we're right, they're on the trail of something much more dangerous! I'll call the Boss."

Tony's gut lurched as he realised that neither Gibbs nor McGee had checked in all day. Somehow he wasn't surprised when their cells both went to voice mail.

 


	5. Chapter 5

_Earlier that day._

McGee had never been so grateful for Gibbs' caffeine addiction. They were halfway to Norfolk (most people would have only have been a third of the way) when Gibbs spotted a roadside diner, screeched to a halt and jumped out.

"Going for coffee," he announced.

"We'll put that on your tombstone," muttered McGee as he got out of the car a little shakily. As he recovered he tried to decide whether his need for the rest room was more urgent than his need for caffeine. Tim had thought he had become accustomed to driving with Gibbs but there was a peculiar intensity about the Boss that day that was out of step with their current low-key assignment.

When he was sure of his legs, McGee decided the greater need was a visit to the rest room. By the time he emerged Gibbs was already standing by the car with two steaming cups in his hands.

"Boss, is it OK if I go get a drink?" said McGee hopefully.

"Already got you one," said Gibbs.

Pleasure washed over McGee. He was glad that Gibbs had got him a drink but even gladder because this showed Gibbs had only bought himself one drink; that meant they would have to take another rest break before getting to Norfolk. Gibbs handed the cup over and McGee smelt peppermint wafting to his nostrils.

"Way you ran to the rest room, figured peppermint tea would settle your stomach," said Gibbs.

McGee nodded gratefully and then his face fell as he noticed that Gibbs had already put another cup in the drinks holder inside the car.

"You want me to drive, Boss?" he said hopefully.

"No," said Gibbs succinctly, "want to get there before nightfall."

Tim climbed into the car disconsolately. Gibbs took a deep refreshing breath and got into the driving seat. He didn't, however, drive off at once.

"You see DiNozzo at the weekend, McGee?" he asked unexpectedly.

"Uh, no, Boss," Tim was puzzled. Gibbs didn't usually take much interest in what they got up to in their time off. "I saw him this morning, told him we were off to Norfolk."

"Huh," said Gibbs.

"Um, any reason, you want to know, Boss?"

"Just wondered," said Gibbs.

"He looked a bit better this morning," offered McGee.

"Better than what?"

"Than Friday. He looked pretty pissed when Jonty and his Dad arrived," said Tim tentatively.

"Hmm," said Gibbs noncommittally, and then after a short silence said, "DiNozzo talk to you about the shooting?"

"Not really, Boss. I tried talking to him but he didn't open up much. Boss, you don't think he really thinks we wouldn't have cared if he'd been killed, do you?"

"Don't know what's going on in his head right now," said Gibbs.

"It's Tony," said McGee, "he'll come round, won't he?"

"You got an opinion? About Jonty?"

"Er, well. I can see both … um, it's complicated. I'm sure you … you and the police … well, you had …" McGee wasn't destined to finish the sentence as Gibbs lost patience and accelerated out of the carpark.

NCISNCIS

A few hours later Gibbs and McGee were driving back from Norfolk. Gibbs had allowed McGee to do some of the driving but was now happier as he had resumed control of the wheel and had just topped up with more coffee.

"So, McGee," he said, "carry on telling me what you found out about our Petty Officers."

"Petty Officer Richard Simpson seems to be popular enough," said McGee, "his only close friend is the other missing Petty Officer, Mitchell Clovis but they get on with other sailors in their command. CO only had good things to say about them both. They work on explosive ordinance, very skilled. I guess that's why the Director was so concerned about them going missing."

"Any previous incidents of being UA?" asked Gibbs.

"No. Just as we thought from their service records. What you see is what you get. Two hard working sailors."

"That can't be it, though, can it?" said Gibbs, "Otherwise they'd be on duty and not missing."

"Yes, Boss. I mean, no, Boss. Did any of the sailors you spoke to have any idea where they might be?"

"No. Didn't seem to have any hobbies or interests outside the Navy. Any mention of other friends?"

"No, Boss. They seem pretty average guys. The only thing out of the ordinary was …"

"Go on, McGee. What is it?"

"I can't see that it would matter."

"We got nothing, McGee. Anything will do."

"Simpson's adopted. He was in foster care for a while before being adopted."

"That's nothing, McGee."

"I know, Boss. I only mentioned it because he told one of the other sailors that he's still in touch with some of the kids he was in care with. Said some of them hadn't done as well as he had so he liked to go visit them. See if he could help them out."

"Sounds OK," said Gibbs, "can you trace any of them? See where they're living now? We could go see them, Simpson might have run into trouble with them or they might know where he is."

"On it, Boss," said McGee hoping that he could use his laptop while Gibbs was trying to break some obscure land speed record.

After a few minutes of feverish keyboard tapping, McGee said, "Uh. That's odd."

"What is, McGee?"

"Well. I know how you feel about coincidences, Boss."

" _And_  you know how I feel about rambling, longwinded reports, McGee."

"Yes, Boss. Of course, Boss. It seems that while Simpson was waiting for adoption he was placed with Mary Gordon …"

"McGee!"

"At the same time as Otis Clancy was living with her."

"Our Otis Clancy? asked Gibbs.

"I think so, Boss. I mean, it's not a common name, is it?"

"When did the Petty Officers go UA?" asked Gibbs.

"They were on leave for two days and due back on the 25th. Boss, that's the day …"

"The day that Clancy was shot."

"You think that Clancy killed them?" asked McGee.

"Would explain why they've gone missing," said Gibbs grimly, "after all, we know he's a killer."

"So, Simpson was in touch with Clancy," said Tim thinking out loud, "Clancy contacts him. Says he's in trouble with the law …"

"And Simpson, being a good guy, says he'll meet up with him. Takes Clovis with him."

"And Clancy kills them?"

"McGee, have you got a location on any of the other foster kids Simpson might have been in contact with?"

"Looking, Boss … oh … Hey, there's a Warren Smith. He's got a ranch near … near Felixton. That's where …"

"Where we found Clancy," finished Gibbs. "OK, give me the directions. We'll head there now."

"Take the Potomac River Bridge," said McGee, "it's about ten miles from there."

NCISNCIS

"Looks a bit run down," said McGee as they stopped at the end of a track leading down to Smith's farm.

"No animals around," said Gibbs, "that farming equipment doesn't look as if it's been used for a while."

"Good place to dump bodies," said McGee, "shall I call Tony?"

"Let's see what we've got first, McGee. Time enough if we find bodies."

The house was deserted and didn't look as if it had been lived in for some time so the two agents moved on to searching the farm buildings.

"Boss," hissed McGee, "there's a car!" as he pointed to a vehicle parked behind a tumbledown shed. He looked at his phone, "it's Petty Officer Clovis's."

"OK, looks as if we found them," said Gibbs.

"Otis Clancy may have killed more than two marines," said Tim.

"Yeah, he was real bad news," said Gibbs pointing to a barn which looked a bit less tumbledown than the other buildings. The door was unlocked and they walked in cautiously with their weapons drawn. Inside the building they saw two cots along one wall. Someone was lying on the cot beneath the window. Gibbs walked up quietly, he put a finger out to touch the body's neck and was surprised to feel warm skin. The touch on the neck awoke the man,

"What the hell?" he cried.

"Petty Officer Clovis?" said Gibbs, "we've been looking for you. Agents Gibbs and McGee, NCIS."

"Are you all right, Petty Officer?" asked McGee.

Clovis looked both puzzled and alarmed.

"What you doing here?" he demanded.

"We know about Otis Clancy," said Gibbs.

"You do?"

"Yes. Now where is Petty Officer Simpson?" said Gibbs, "we need to know what's been happening."

"I'm right behind you," came another voice.

Gibbs and McGee spun round and saw Simpson standing at the door with a shotgun.

"Mitch, take our guests' guns. I don't think they'll be needing them."

NCISNCIS

"Abby Scuito's absolutely amazing lab. How can I help you?"

"Abs …"

"Tony! Ducky says your arm's better! Well, out of its sling, anyway."

"Yes …"

"You should have come see me. I can give you a proper hug now that you've got two arms available."

"Abs! Have you heard from Gibbs today?"

"No, but Gibbs doesn't really phone just for social chitchat."

"What about McGee?"

"Oh, he  _totally_  calls for chitchat."

"And today? Has he called today?"

"No," said Abby sadly, "it's been lonely today. But I was about to call you. You were right. Someone else had used Clancy's cell. I found a fingerprint!

"Good work, Abby. Run it against the service records of Petty Officers Mitchell Clovis and Richard Simpson."

"Why? Who are they?"

"Just do it, Abs."

"It matches Petty Officer Simpson's" came the reply after a few minutes. "What's going on?"

"Simpson is one of the UA sailors that McGee and the Boss are looking for," said Tony.

"Why did Petty Officer Simpson take Clancy's picture?" asked Abby.

"They were in foster care together," said Ellie over the speaker phone. "We think they kept in contact."

"Oh, that's sweet," said Abby.

"Abby, do a trace on McGee's and Gibbs' cells," ordered Tony.

"Why?"

"Abby …"

"OK. I'm doing it but you'd better tell me what's going on, Mister."

"Later, Abs. Tell me when you've got something," said Tony putting the phone down.

"Look," said Ellie, pointing at some photos she had put up on the plasma.

"What am I looking at?" asked Tony.

"A jewellery store on Montgomery Ave. Ten minutes before it was robbed. They look familiar?"

"Our missing Petty Officers," said Tony.

"So they are involved?" said Ellie.

"Looks like it. Come on, we'll go down to Abby."

As they entered Abby's lab, she said, "Their cells are off. The last trace for McGee's was going over the Potomac River Bridge. Why would they be going over the bridge? That's not the way Gibbs usually comes back from Norfolk. Gibbs always goes the shortest way. Unless the traffic is bad. We all know how the Bossman hates traffic. I'll check the traffic reports."

"Abby, can you check traffic cams?" asked Ellie, "see if you can pick them up?"

"Something's wrong, isn't it?" said Abby, "why is this team always so unlucky? I'm going to tell Director Vance not to let you go to Maryland anymore."

"Why not?" asked Tony.

"It's jinxed. First you got shot there. Now Gibbs and McGee have gone missing there."

"Abby," said Ellie gently, "the US Navy Academy is in Maryland."

"Not to mention the base at Patuxent River," added Tony.

"So I don't think the Director will let us stay out of Maryland," concluded Ellie.

"Let us know if you spot the Boss," said Tony. "We'll be in the squad room."

"Why would they be going to Maryland?" asked Bishop. "Do you think they wanted to look at Clancy's shooting again?"

"Clancy's  _murder,_ " corrected Tony. "Don't know why, Boss seems pretty settled about that. But why was Clancy in Felixton? He didn't seem to have any connection with the place."

"We assumed he was just running," said Ellie.

"What if he wasn't?" said Tony, "he'd stayed out of our way for a long time. Suggests he had a good hiding place. Perhaps he'd been somewhere in Maryland all the time."

"But where?"

"What if Clancy wasn't the only person our friend Simpson kept in touch with from his foster days?"

"Could be others, I suppose, but why?"

"Like Mary Gordon said. Some kids struggle when they come of foster care. They're vulnerable. Like Clancy. What if Simpson kept in touch with other guys like Clancy? And …"

"Used them to carry out robberies," said Ellie.

"He might have had a whole network of 'helpers.' We need a list of people Simpson was in foster care with. See if any of them have a connection with Maryland. Somewhere they could hide out."

"On it," said Bishop.

"But why did Simpson and Clovis disappear?" she asked, "Nobody suspected them. They were in the clear."

"Who knows," shrugged Tony, "perhaps they got bored with just stashing their money away for a rainy day; wanted to splash the cash. Or move to another area. Working for the Navy is a bit restricting when you want to live a life of crime."

"Or they thought they might get found out when Clancy got killed," suggested Ellie.

"Which they have," said Tony.

"But how did Gibbs and McGee find out?" asked Ellie, "assuming they have."

"Gibbs' gut," said Tony simply, "although I'd be surprised if the bad guys got the drop on El Jefe. They'd have gone in suspicious."

"Found something," said Ellie, "Warren Smith. Was in foster care with Simpson for six months. Owns a ranch in Maryland. Just off the Potomac Bridge. And hey."

"Hey what?"

"Don't tell Tim, but I just hacked into his laptop. He did a search for Simpson's associates too. And found Warren Smith."

"Work with Abby on trying to trace the cells," said Tony, "I'm going to brief the Director." He paused at the bottom of the stairs, "oh, and check with Norfolk that there's nothing missing from Simpson and Clovis' command."

"Like what?" asked Ellie even as she picked up the phone.

"They're explosives experts," said Tony, "I want to know what we'll be walking into."

 


	6. Chapter 6

Maryland State Police were on their way, quietly, to the ranch where Tony believed that Gibbs and McGee were in trouble. Tony, Bishop and other NCIS agents were also racing to the scene. Director Vance was monitoring the situation from MTAC and the Secretary of the Navy had been informed. It was the most serious situation NCIS had been involved with for many months and had the potential to test them to the utmost.

Ellie, riding shotgun, was impressed with Tony's calmness. He had swung into action without seeming to need to think about what to do and she had found herself reassured by his confident manner.

"So," she said, "no report of missing explosives or materials from Clovis and Simpson's workplace."

"That's good," said Tony, not taking his eyes off the road.

"Of course," she continued, "there might be chemicals or other stuff around in a ranch which could do damage. They might be able to make a fertilizer bomb. Although they are difficult to make. On the other hand, they could have bought equipment to make bombs: their CO said they're good. I wonder if …"

Tony wanted to tune out Bishop's suggestions but realised that they were probably the results of her anxiety. After all, he thought, he couldn't really point the finger at her when his own default position was to think out loud, indulging in what Gibbs called his yabba yabba.

"You do what I tell you, Probie," ordered Tony, "keep your eye on me and follow my lead. You understand?"

"Yes, Boss."

Tony took his eyes off the road for a moment to smile at her. Bishop smiled back, suddenly aware that her instinctive words had been the best ones for Tony to hear and that he was rewarding her with a rare genuine smile with no hidden agenda. Tony relaxed a little as he knew he had her trust and could rely on her in the field.

Bishop's chatter died away as they neared their destination and she examined satellite images of the ranch, trying to identify danger areas for the assault teams. Tony let her do it although he trusted that Vance would be doing the same from MTAC and that his experience would be the more useful. Tony realised that he was completely calm as they approached. It wasn't the calm born of fatalism or the certainty that he was perfectly prepared, although both those feelings were there. No, he was calm because he had total faith in Gibbs and the way he would be handling the situation. In fact, Tony wouldn't be surprised if they arrived to find Simpson and Clovis subdued and handcuffed and Gibbs looking on their arrival  _en masse_  with a quizzical, slightly bored expression.

A few miles out from the ranch, Tony had another thought,

"Do we know anything about Warren Smith?"

"Um, he bought the ranch a few years ago. From the satellite photos it doesn't look as if the place is doing too well."

"Any activity recently? You know, bank cards, things like that?"

"I don't know. I can check. Why?"

"Be good to know if he's on this ranch place with our missing Petty Officers."

Ellie tapped away for a few moments, "Can't see anything for the last two weeks. Which is odd, because it looks as if he usually gets cash out once a week; probably enough to last him a few days."

"Any pattern about where he draws the money from?"

"Usually Felixton. Doesn't seem to travel far," said Bishop.

"OK, he might be on the ranch as well. Let the State Police know to be on the lookout for him as well."

NCISNCIS

Gibbs and McGee had been moved to a storage shed which contained a disturbing number of gasoline containers.

"What are we going to do?" asked Clovis.

"What we were always going to do," said Simpson, "we'll just bring it forward a day or two."

"You won't get away with this," said Gibbs, struggling against the zip ties which bound his wrists and ankles.

"I think we will," said Simpson, "but thank you for your concern. I don't think anyone knows where you are. Looking at the call logs on your cells, it doesn't look as if you've made or received any calls since early this morning. I'm sure someone will soon be missing your smiling face, Agent Gibbs, but there's no reason for them to come looking here. Mitch, go get Warren."

Clovis looked puzzled but seemed accustomed to doing what he was told so hurried out.

"We set this up yesterday," said Simpson conversationally, "it was fun. We're more used to defusing bombs so it was interesting to put our experience into practice to blow something up instead. We wanted something to look accidental but also an intense heat; very destructive."

"I'm guessing you weren't just friends with Otis Clancy," said Gibbs, "you were working with him?"

"I wouldn't say  _with_  is the right word," said Simpson, "more that he was working  _for_  me. He was very obedient, was Otis. Willing to please. It was worth keeping in touch with him even if he was a bit clingy."

"And Warren Smith?" asked McGee, "was he working  _with_ you or  _for_  you?"

"Very good, Agent McGee," praised Simpson, "again,  _for_  rather than  _with_. I like to be in charge."

"Must be hard just being a Petty Officer then," remarked Gibbs.

"It served a purpose," shrugged Simpson, "good way to learn about explosives and on Uncle Sam's dime too. But it was time for a change. We were running out of convenient convenience stores to target. And we were about to be deployed. Time to start enjoying the fruits of our labours. Well, Warren's and Otis's anyway."

"You can't disappear for good," said McGee, "people are looking for you."

"We've got new IDs ready to activate," said Simpson, "we've both been growing beards while we've been here. Not as advanced as we wanted them to be but good enough. Bit of hair dye, longer hair, and different clothes: we won't look like two upright sailors. Anyways, the police aren't going to be very energetic in chasing down two UA sailors; they've got better things to do. Haven't you heard, all these cuts in police budgets? It's distressing for law abiding citizens."

"You should write to your Senator if you're worried," said Gibbs.

"I would," said Simpson, "but I'm going to be moving house. I don't know who my Senator will be."

Clovis came back into the shed, with a bundle wrapped in a tarpaulin slung over his shoulder.

"Put him down there," ordered Simpson, "in front of them."

As the bundle hit the ground, the tarp unwound a little to reveal the face of a man about the same age as Simpson. He was dead.

"Meet Warren," said Simpson, "surplus to requirements once we decided to relocate."

McGee and Gibbs stared at the dead face; even more aware of the ruthlessness of their captors. Smith looked underweight and malnourished. There was something familiar about him.

"He doesn't look as if he was doing very well working for you," said McGee.

"Always told him, and Otis, that I'd pay them later," said Simpson, "couldn't risk them drawing attention to themselves by spending money."

"So that's why Clancy looked as if he hadn't had a decent meal in weeks?" said Gibbs.

"We didn't waste much food on them when we had them stashed here," laughed Clovis.

"It was all Clance's fault," said Simpson, "if he hadn't been caught on that camera killing those two marines, he wouldn't have had to hide out here. We could have carried on with some more hits if he hadn't screwed up."

"Didn't expect him to run off like that," said Clovis.

"Saved you a bullet, am I right?" asked Gibbs.

"We wouldn't have used a bullet," said Simpson, "if there's anything left after the explosion we don't want bodies with bullets to be found. We'd have broken his neck. Like we did Warren."

Clovis went and stood by the gas drums, "Everything's stowed away," he said, "have you finished?"

"Yes," said Simpson. He turned and looked at the NCIS agents, "there's going to be a very big bang in about fifty minutes. Plenty of time for us to be well away. I've added a couple of features to our design, just for you. I think you might be a bit tricky. So, pressure pads in front of the drums will set the explosive off if you tread on them. And motion sensors will do the same if you get too close. Oh, and a sound sensor … don't shout for help unless you want to be blown to bits. Well, you will be blown to bits at some point … but you know what I mean. You might not want to make it happen earlier than you have to."

Simpson and Clovis took a quick look round before throwing a switch which Gibbs and McGee had to assume was them starting the timer. They then left without a word.

"Boss?" said McGee, "have you got a plan?"

"Keep it down, Tim, we don't know how sensitive that sensor is."

"Right, Boss," said Tim in a lower voice. "So,  _have_  you got a plan?"

"Working on it. What do you think? Those sensors and pressure pads? Does that sound possible to you?"

"Guess so," said McGee, "these guys are both highly skilled. Anyway, it's not the sort of thing I'd want to risk."

"Good point," said Gibbs, "OK, let's see if we can get out of these damn zip ties as a start."

"Was he right?" asked McGee, "When he said nobody would be looking for us?"

"DiNozzo will notice we haven't been in contact," said Gibbs, "and if he doesn't, then Abby will."

"Unless she's got caught up with some interesting forensics," said Tim.

"My money's on DiNozzo," said Gibbs, "it always is."

"But, Boss," said Tim, "if they come running in here they might set off the sensors and then we'll all be blown to bits!"

NCISNCIS

Thirty minutes later, Tony, Bishop and the other agents and police officers began a quiet and cautious search of the ranch buildings. Tony's cell rang as he and Bishop approached a large shed,

"DiNozzo. OK. Yes. Understood."

"What was that?" breathed Ellie.

"Director. State Police have got our missing Petty Officers. Stopped them on the Bridge. They're not saying anything. Although they've got a van full of jewellery and electrical goods not to mention a briefcase filled with tens of thousands of dollars. That's hard for them to explain away."

"So they're not here?" said Bishop relaxing a little.

"Don't forget Smith," Tony reminded her, "he may be around too. We'll take this easy. Don't shout out for Gibbs and McGee, don't want to alert anyone else."

With guns still drawn, they pushed the door to the shed open. As they peered inside they saw Gibbs and McGee sitting tied to a pillar in front of several gas drums. Tony opened his mouth to speak but Gibbs shook his head furiously. Tony looked around cautiously, assuming that there was some threat in the room. Not seeing anybody, he moved towards Gibbs who once again shook his head and then nodded towards the gas drums.

"What do you think, Probie?" whispered Tony as he desperately tried to work out what Gibbs was trying to communicate.

"Don't know. Those drums could be rigged to do something."

Gibbs and McGee nodded vigorously.

"Bishop, go get EOD. Tell them we've got some work for them to do."

Ellie started to move away but Gibbs shook his head again.

"Running out of time?" Tony said quietly.

Energetic nods came again. Tony moved forwards again, "I'll get you free," he said.

The head shakes came again.

"Why doesn't he want you to get them untied?" asked Ellie.

Tony thought frantically then had an idea, "'cos they've rigged something else to go off? What else could they have done?"

"Motion sensor?" said Ellie.

"Yes," whispered Gibbs, deciding to risk saying something even though he and McGee were so close to the drums.

"OK," said Tony, relieved to know the problem at last. "Bishop. Go tell EOD. I'll go round the back. See if there's a way in."

Gibbs and McGee continued to try and break the zip ties while Tony and Ellie disappeared. A few minutes later, Tony was forcing a way through a dilapidated wall and cautiously entering the shed. Gibbs had managed to break his ties and was working on McGee's. Tony helped Gibbs finish them off and all three backed quietly out of the shed.

"Glad you could join us, DiNozzo," said Gibbs.

"Who's the dead body?" asked Tony.

"Warren Smith," said McGee a little shakily. "Clovis and Simpson were cleaning up."

"Clancy got away from them," said Gibbs.

"Clancy was giving himself up?" asked Tony.

"Don't know," said Gibbs, "might have been. Or he might just have been getting away from Simpson and Clovis."

Tony, McGee and Gibbs joined Bishop on other side of the shed.

"Take some photos," ordered Gibbs, "we've got a few minutes before the place goes boom. Want evidence in case EOD don't have time to defuse the bomb before this place goes up."

"Boss?" said Tony reluctantly.

"Come on, DiNozzo, we'll both do it. Just stay this side of those drums." said Gibbs.

McGee and Bishop retreated to a safe distance while waiting for EOD and Gibbs and Tony worked swiftly to get the additional evidence. After a couple of minutes, with a sigh of relief, Tony and Gibbs began to back away.

"Good job, DiNozzo," said Gibbs clapping him on the shoulder.

Tony was about to reply when he froze as he saw a pigeon swoop down into the shed.

"Run!" he shouted, as he realised that the bird was flying towards the motion sensor. Gibbs and Tony ran a few paces before the shed exploded. Bishop and McGee looked on with horror as they saw Tony and Gibbs thrown high in the air and then fall to the ground.

 


	7. Chapter 7

**Notes for the Chapter:**

> Small spoiler for Season 10 episode 'Damned If You Do'.

Tony opened his eyes and wondered if it was time to get up for work. As he lay there thinking about this, he tried to remember what day it was. He then realised that he wasn't in his own bed and worries about dates and times were replaced by something else. He started to sit up in anxiety but was then stopped by a familiar voice,

"Nice of you to join us, DiNozzo," said Gibbs.

"Uh," said Tony rather incoherently.

Gibbs moved a bit closer to Tony's bed.

"Want some water?" asked Gibbs.

"Ah," said Tony.

Ducky came in as Gibbs helped Tony take a cautious drink.

"Anthony, I see you have returned to us."

Tony wondered where he'd been.

"Eh," he said.

Ducky placed one hand on Tony's forehead while taking his pulse with the other.

"Mr Palmer informs me that is now considered more scientific and accurate to assess a patient's wellbeing with the use of instruments but I still find myself resorting to more old fashioned methods which I believe give me a general indication of a person's health. It may, of course, simply be the novelty of dealing with a body which still has a pulse and a temperature!"

"Just grateful this particular body still has a pulse," said Gibbs.

"Indeed, you are right, Jethro."

"How's he doing?"

"The fever has abated. I really believe that we have finally beaten the infection from that bullet wound. I had thought that the antibiotics had been effective. I did wonder if perhaps Anthony had been less than diligent in taking the prescribed medication but I fear that we were probably remiss in not remembering to continue to administer the antibiotics when he was admitted to the hospital."

Tony began to doze off again as Ducky and Gibbs talked over his head.

"And how are you today, Jethro?" asked Ducky.

"Fine," said Gibbs. He then saw Ducky's measuring stare and added, "Knee’s a bit stiff."

"I'm not surprised," said Ducky, "Dr Harrison was kind enough to allow me to peruse your medical notes so do not indulge any hope that you will be able to pull the wool over my eyes about your  _fineness_ or lack thereof."

A nurse came into the room pushing a wheelchair,

"Agent Gibbs, I've come to take you for an x-ray on that knee," she said, "and don't give me any arguments about how you can walk down. Or use crutches. Or that you don't need an x-ray. In fact, don't give me  _any_  arguments. Just sit your ass down in this chair and we'll be on our way."

This spirited way of addressing Gibbs seemed to work for Nurse Spencer and he climbed meekly enough into the chair.

"Anyone tell you you'd have made a good gunnery sergeant?" he said as he was pushed away.

"Every day," she said imperturbably.

Ducky chuckled as he watched them leave. He then looked down at Tony's bed to see that he was awake again.

"What day is it?" asked Tony as he managed to get his voice working again.

In his typical doctor's way, Ducky chose to answer a question with a question,

"What's the last thing you remember, Anthony?"

Tony thought, "We were at a ranch. Looking for Gibbs and McGoo. We rescued them …" he frowned.

"Yes, Anthony?"

"Then something about a pigeon? I told Gibbs to run. I don't remember anything else after that."

"Excellent," said Ducky, "it is a good sign that you remember so much."

"There's nothing wrong?"

"Why? Do you feel unwell, Anthony?"

"I feel … as if I've gone ten rounds with Gibbs in the ring after swimming ten miles."

"Does that indicate that you are a little weary?"

"Could say that, Ducky. What happened? It all makes sense but I can't figure out where the pigeon fits in."

"Ah," said Ducky, "I fear that Abby is inclined to be rather upset about the pigeon's demise."

"I killed a pigeon?" asked Tony.

"Oh no, not you, dear boy. The pigeon was the victim of an unfortunate circumstance. He, or she, must have been the unluckiest pigeon in Maryland that day."

"What?"

"Our feathered friend flew into the shed and, we believe, triggered the motion sensor which caused the shed to go kaboom," he made an expressive gesture with his hands.

"Aah," said Tony.

"It was most fortunate that you realised what was happening," said Ducky, "your warning meant that you and Jethro managed to create some distance between yourselves and the explosion."

"What happened?"

"According to Eleanor and Timothy you both described almost perfect somersaults before reconnection with terra firma … firmly."

"Uh?"

"You both flew up in the air, spun round and then crashed to earth."

"Ouch!"

"Yes, indeed. Gibbs suffered a mild concussion and a twisted knee. You also suffered a concussion and some bumps and bruises."

Tony looked at his arms, "is that I got these marks?" he said, pointing to bruises on his wrists.

"Ah, no. Those arose from some complications."

"Complications?"

"You have been delirious for some time, my boy."

"How much time?" asked Tony.

"Nearly two days. As I was saying to Jethro, we believe the infection from that bullet wound had not yet been defeated and it flared up again whilst you were suffering from the aftereffects of colliding with the ground."

"OK. So how did that lead to me having bruises on my arms?"

"You had to be restrained."

"I did?"

"For a short while. We could see that you were damaging yourself. But then, fortunately, Jethro regained consciousness."

"And how did that help?"

"He told you to calm down."

"And?"

"And you did, Anthony. It was quite remarkable."

Tony tried to make sense of this. As he became more aware he remembered what felt like a long nightmare of noise and confusion, of being pushed and pulled, of feeling lost and alone, of being hot and then cold but he could also vaguely recall that he had been continually called back, anchored to something safe and solid. He reddened as he remembered that the safe harbour had been Gibbs.

Ducky patted his arm understandingly. "I believe the doctors are almost grateful for your delirium," he said.

"Why?" asked Tony suspiciously, anxious that he had done something spectacularly crazy during the fever.

"Jethro should be keeping the weight off his damaged leg. Staying in the hospital, keeping watch over you has meant that he has done so. Now, my boy, your fever really does seem to have gone now. I will be sure to add an annotation to your medical file to ensure that when you are next shot we administer the appropriate antibiotic immediately."

" _When_  I'm shot?" said Tony worriedly.

"Of course," said Ducky smoothly, "I meant to say  _if_. Now, continue to rest for the remainder of the day and you may be able to return to your own abode shortly."

At that moment the door to the room opened with exaggerated care and the heads of Abby, McGee and Bishop poked through the opening.

"Be quiet, guys," said Abby, "we don't want to wake Tony." She looked across to the bed and saw Tony sitting up. "Ton-ee!" she screeched, "you're awake!" and she ran towards the bed. "Where's Gibbs?" she demanded, "oh, my God, where's Gibbs? You can tell me! No, wait, let me sit down first. What's happened? Is it serious? Is it …"

"Abigail!" said Ducky firmly, "Jethro has gone for a routine x-ray."

"Oh. OK. That's cool," said Abby immediately calming down and concentrating on hugging Tony.

"You OK?" asked Tim.

"Fine," said Tony automatically, "are you two all right?"

"Yes," said Bishop, "we got thrown off our feet when the shed exploded but no damage done. We weren't as close as you two."

"Clovis and Simpson certainly knew how to set off a good explosion," said McGee thoughtfully, "if Gibbs hadn't insisted you take those photos we'd have lost a lot of evidence."

"But we'd have been further away from the kaboom," pointed out Tony.

"That was the pigeon's fault," said Ellie.

"Don't you blame Percy," said Abby hotly.

"Percy?" asked Tony.

"Even pigeons deserve names," said Abby. "And it wasn't his fault."

Ellie opened her mouth to argue but Tim shook his head and she closed her mouth again.

"Thanks for showing up, Tony," said McGee.

Tony shrugged, "Gibbs would have got you out of there," he said. "He got himself out of those zip ties."

"May be," said Tim, "but we were running out of time. I for one was glad to see your big smiling face appear. Bishop says you realised that our  _missing_  guys were  _bad_  guys."

"Old fashioned police work," said Tony.

"Whatever it was," said Tim, "it meant that you knew we might have run into trouble if we'd found the missing sailors."

"And it meant that you checked to see where Gibbs was," said Abby, still holding Tony's hand. "And I'm going to remind Gibbs about the rule about always checking in."

"Not sure that's one of Gibbs' rules," said Tim.

"Then I'll tell him it's one of mine," said Abby fiercely. "If Tony hadn't checked up on you, you could both have ended up like Percy." She glared at each of them in turn but then continued in a happier voice, "but everything's all right now."

"What you mean?" asked Tony.

"Well, you and Gibbs are friends again," said Abby as if it was obvious.

"Abs?"

"Gibbs was there for you when you were sick, Tony. And you let him help you. That shows that everything's back to normal with you."

"What makes you think that?" asked Tony.

"I think it's time that Anthony got some more rest," said Ducky, intervening before Abby could argue the point and become upset. "Come on, everyone, let's leave our patient in peace," and he shuffled the visitors out.

NCISNCIS

Two days later, Tony visited Gibbs at home. Gibbs was sitting glumly in his kitchen,

"Hey, Boss. Ducky still got the key to the basement?"

"Yep. Won't let me down there until my knee is stronger."

"That sucks. I brought Chinese. Want some?"

"Sure. Get the plates and silverware, will you?"

They ate for a few minutes and then Gibbs said, "You did good, Tony. Working out that Clancy wasn't working alone."

"Fornell kicked it off," said Tony.

"You followed through," said Gibbs, "did the legwork."

"I might have only done it because I was pissed," admitted Tony.

"Whatever it takes," said Gibbs.

"I'm still pissed," said Tony, "Abby thinks I shouldn't be. But I am."

"Yeah?"

"Yeah. I know I should be grateful that you were there in the hospital."

Gibbs shrugged.

"Even if I am a bit embarrassed that you seemed to quieten me down. Like some sort of DiNozzo whisperer."

Gibbs snorted at that image.

"And I am grateful, Boss. You know that. I know you've always got my six."

"Then why are you pissed?"

"I know you've always got my six in the field. Bishop was surprised you and me managed to communicate so well when we were in that shed."

"We've worked together a long time," said Gibbs, "get to know people when you work closely."

"I know that, Boss. Like I said, in the field I would never doubt you. Hey, I wouldn't have been surprised if we'd turned up at that ranch and found that you and McGee had trussed the bad guys up like Thanksgiving turkeys."

Gibbs smiled in acknowledgement, "we didn't get that far, DiNozzo. You did well."

"Thanks, Boss. That means a lot."

"So, we good?"

"Not really."

"This still about Clancy? Why are you so pissed about him?" asked Gibbs.

"It's not Clancy," said Tony, "it's Delaney."

"DiNo …"

"Don't get me wrong. I know Clancy was a loser; even if it does turn out that he was under Simpson's thumb. And that he might even have been on his way to give himself up. He made choices and he killed people."

"He might have ended up dead in that alley even if Jonty hadn't shown up."

"I know, Boss. But doesn't it worry you?"

"What? That Clancy is dead? Not particularly. It would have been better if he hadn't been killed because it turns out that he had useful information he could have given us. You sure that the real problem isn't that you got shot?"

"I don't know," said Tony honestly, "it just feels so random. It could have been me lying there dead."

"You know that we would have cared, don't you? That's not what's bugging you, is it?" said Gibbs as he thought back to what had seemed one of Tony's original annoyances.

"No, Boss. I didn't really think none of you would have cared. Although McOpportunist might have been trying out my chair for size by now … no, OK, I'm just kidding. He'd have been weeping and wailing like the rest of you. But yes, I'm angry that I was shot."

"That's OK," said Gibbs, "no rule against that."

"And there's no rule against letting people get away with shooting a member of your team?"

"DiNozzo!"

"That's what if feels like, Gibbs."

"So this  _is_ about you being shot?"

"I don't know! Who knows? If Clancy hadn't looked like Kate lying there on the floor, perhaps it would have been different, wouldn't have got to me. But I remembered that day, and I remembered how much we cared. And it all felt so different. Nobody cared about Clancy, he was like so much garbage. But he was a real person, not so much trash."

"It's not your fault, Tony. You couldn't have been there for him."

"I know that, Gibbs. But he got tidied away so quick. I came to work the next day and it had all been sorted."

"Jonty's just a kid," said Gibbs wearily, "I thought about it but there was nothing to gain by dragging him into court."

"And how long did it take you to decide?" asked Tony, "Were you awake all night thinking about it?"

"No. It was obvious."

"How was it obvious?"

"Jonty's a good kid. Hell, you could see that when he and his Dad turned up."

"I'm not saying he isn't a good kid, Gibbs. But you blurred the lines when you and the State Police cooked things up."

"Tony …"

"Do you remember Parsons?"

"That's all over now, DiNozzo. Why you bringing that up now?"

"Richard Parsons dragged up all the times you've blurred/crossed/erased the lines in the past. McGee, Ziva and me, we all resigned to take responsibility for all that history. And even that wasn't enough. You had to go off on some sort of suicide mission to wipe things clean."

"What you getting at?"

"All the  _Gibbs version of justice_  came home to roost. We were compromised from doing our job because of that."

"Like I said, it's over now."

"It was," agreed Tony, "slate wiped clean. I don't want it to be written on again."

Gibbs sighed.

"But you really don't see it, do you, Boss?" asked Tony.

"DiNozzo. What was the point of prosecuting Jonty? You saw his Dad. He's going to hire a fancy lawyer. He'll have you in court; tying you in knots about what Clancy was about to do. How will you answer that?"

"I don't know. I don't know what Clancy was going to do but I'm damn sure that Delaney didn't bring anything good to the party."

"There's no jury on earth which would find Jonty guilty of murder," said Gibbs.

"Agreed. But one might find him guilty of manslaughter. Or gun theft. Or carrying a weapon without a permit."

"You're determined he should be prosecuted for something?" demanded Gibbs.

"No. I'm not determined," sighed Tony, "I'm not sure what I want."

"Then it's just as well that Maryland State Police and I have decided," said Gibbs with an air of finality.

"I'm not sure what I want," agreed Tony, "I don't know what I want Delaney charged with or if I want him found guilty. But I don't want to be the person making the decision."

"You're not," said Gibbs.

"And I don't want you or the State Police to be the ones either."

"It's our job," said Gibbs.

"No, Boss. With respect, it's not. It's our job to find the criminals, get the evidence, catch them. It's not our job to sentence them as well. That's what the courts do."

"With our input," said Gibbs.

"Agreed. With our influence and after discussion but it shouldn't be our call."

"So what are you going to do?"

"I don't want to go against you, Boss."

"Then don't."

"That's what's made this hard. You know I respect you. Look up to you, but this thing with Delany doesn't feel right."

"OK."

"If I make a complaint. Ask the prosecutor's office to look again, will that make a difference to you? Will we still be able to work together?"

"What if I say it will?" asked Gibbs stony-faced.

"Then I'll be sad. Disappointed."

"And?"

"And I'll do it anyway."

"Good," said Gibbs, "Stand up for what you believe."

"Thanks, Boss."

"Sometimes," said Gibbs.

"Yes, Boss."

"And even though you're probably wrong."

"Maybe," said Tony, "but I can live with that."

"Me too," said Gibbs.

EPILOGUE

A week later, Tony stood by Otis Clancy's graveside with Mary Gordon.

"Poor boy," said Mary sadly, "poor lost boy."

"I guess," said Tony who was still unsure about what he felt about Clancy.

"Did you know him?" asked Mary.

"No," said Tony.

"Do you always come to funerals for people like Otis?"

"No."

"Then why did you come today? If you don't mind me asking."

"I'm not sure. It just felt right to remember that he was a human being. He didn't deserve to be forgotten."

"Is anything going to happen about the boy who shot him?"

"There's going to be an inquest after all. There may be charges after that."

"It was just a young boy who shot him, wasn't it?"

"Yes. He's 18."

"And it was an accident?"

"Yes."

"Oh dear. I wouldn't want to be the one to be deciding what to do about him."

"Nor me."

They looked at the grave for a moment or two longer and then nodded to the funeral service director that they had finished.

"Can I take you anywhere?" asked Tony.

"No, dear. That's quite all right. My husband is waiting for me. Thank you for letting me know about Clance. I'm glad that someone who cared for him was here. It's important to have someone, you know. Not to be alone."

She surprised Tony by giving him a quick hug and kiss before she walked off without looking back. Tony walked to his car and smiled. Gibbs was there.

 


End file.
